[news=http://www.slyck.com/newspics/BitTorrent4.jpg]BREIN is often regarded as little more than a paper tiger, unable to exert any kind of legal enforcement against its online enemies. As the organization charged with protecting intellectual property rights in the Netherlands, BREIN has managed to gain a level of respect somewhat higher than the hapless Antipiratbyran. Antipiratbyran is the Swedish anti-piracy organization which has proven impotent against unauthorized file-sharing.
BREIN has made some progress however, as it has successfully driven out or shut down dozens of BitTorrent indexing sites. Although not a government entity, BREIN has the ability to threaten legal action against alleged copyright infringers. Today, Torrentit.com’s indexing abilities have been forced offline.
Those familiar with BitTorrent’s history will remember this is not Torrentit.com’s first confrontation with BREIN. During last year’s efforts against various Dutch based BitTorrent sites, Torrentit.com was among those in the cross hairs. BREIN had confronted Torrentit.com’s ISP (Internet Service Provider) demanding its removal, however like many other Dutch based sites, Torrentit.com simply changed its web host to an overseas provider. This brought about an interesting dilemma – could a BitTorrent site avoid copyright litigation by simply moving overseas?
It appeared so, at least for several months, however the site owner did not move along with his creation. The result of this stationary behavior bound the site operator to Dutch law – or at least BREIN’s interpretation of the law. This morning, the owner of Torrentit.com was physically served in his home location of Helmond, Netherlands, with orders demanding he take his site offline. According to BREIN, the site removed its indexing abilities, however notified its userbase that it “will be back.” BREIN took exception to this, and threatened the owner with additional legal actions. There is no longer any indication TorrentIt will return.
To ensure the owner of TorrentIt.com does not engage in any purported infringing actions in the future, BREIN has threatened a hefty 20,000 Euro per day penalty and a potential criminal complaint.
BREIN also subjugated an additional BitTorrent indexing site today, NLexperience.com. Like TorrentIt.com, the administrator of NLeperience.com played “cat and mouse” with BREIN, by moving site’s ISP to Russia. However, when BREIN took the fight to the owner’s physical address, the game was over.
"On its site, NLexperience denounced us and virtually vowed to resist and resume," says Tim Kuik, director of BREIN, "But in the face of reality it promised to cease and desist after all."
The owner of the site agreed today to comply with BREIN’s demands rather than fight it out in court. Like TorrentIt.com, NLexperience.com faces a 20,000 Euro per day penalty if it deviates from the agreement. In addition, the owner of NLexperience.com must “supply all available information on the co-operators of the site…”
"Breaking this vow will be perjury and is punishable as a crime under Dutch law", says Kuik.